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This is a Bill, not an Act. For current law, see the Acts databases.
Clause Page
National Parks (Amendment) Act 1996
Act No.
TABLE OF PROVISIONS
Clause Page
PART 1PRELIMINARY 1
1. Purpose 1
2. Commencement 2
3. Principal Act 3
PART 2MISCELLANEOUS AMENDMENTS TO THE
PRINCIPAL ACT 4
4. Extraction of forest produce 4
5. Repeal of spent sections 4
6. Cessation of grazing--Wilson's Promontory National Park 4
7. Insertion of new section 32CA 4
32CA. Arthurs Seat chairlift lease 4
8. Fossicking in Cape Liptrap Coastal Park 5
9. Insertion of new section 32FAA 5
32FAA. Protection of access rights of freeholders in Cathedral
Range State Park 5
10. Insertion of new section 35A 6
35A. Power of Director to delegate 6
11. Use of firearms in parks--hunting 6
12. Evidence 7
13. Regulations 7
PART 3NEW AND ALTERED PARKS 9
14. Insertion of new Parts in Schedule Two--National Parks 9
PART 7LAKE EILDON NATIONAL PARK 9
PART 15FRENCH ISLAND NATIONAL PARK 9
PART 30--BOX-IRONBARK NATIONAL PARK 10
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Clause Page
15. Insertion of new Parts in Schedule Three--Other Parks 10
PART 1ABAY OF ISLANDS COASTAL PARK 11
PART 2ACAPE CONRAN COASTAL PARK 11
PART 15CAPE LIPTRAP COASTAL PARK 12
16. Altered Parts in Schedule Two--National Parks 12
17. Altered Parts in Schedule Two B--State Parks 15
18. Altered Parts in Schedule Three--Other Parks 19
19. Cessation of rights 20
20. Cessation of rights--Lerderderg State Park 21
21. Insertion of new section to follow section 30E 21
30F. Access rights--French Island National Park 21
22. Access rights--French Island 22
23. Land to become part of park on surrender to the Crown 22
PART 4CREATION OF ADA TALL TREES RESERVE 24
24. Ada Tall Trees Reserve 24
PART 5--AMENDMENT OF NATIONAL PARKS (ALPINE
NATIONAL PARK) ACT 25
25. Amendment of National Parks (Alpine National Park) Act
1989 25
__________________
SCHEDULE--Ada tall trees reserve 26
NOTES 27
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531108B.I1-20/11/96 BILL LA INTRODUCTION 20/11/96
A BILL
to amend the National Parks Act 1975, to create a reserve under the
Crown Land (Reserves) Act 1978, to amend the National Parks
(Alpine National Park) Act 1989 and for other purposes.
National Parks (Amendment) Act 1996
The Parliament of Victoria enacts as follows:
PART 1PRELIMINARY
1. Purpose
The main purposes of this Act are--
(a) to amend the National Parks Act 1975 so as
to
5
(i) create three National Parks and three
Coastal Parks; and
(ii) alter several existing National, State
and Other Parks; and
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National Parks (Amendment) Act 1996
s. 2
Act No.
(iii) make provision for delegation powers
for the Director of National Parks; and
(iv) make various other amendments to the
Act; and
(b) to create the Ada Tall Trees Reserve under
5
the Crown Land (Reserves) Act 1978; and
(c) to amend the National Parks (Alpine
National Park) Act 1989; and
(d) to make other related provisions.
2. Commencement
10
(1) This Part comes into operation on the day on
which this Act receives the Royal Assent.
(2) Section 14(3) comes into operation 2 years after
the day on which section 14(2) comes into
operation.
15
(3) Section 20 is deemed to have come into operation
on 20 June 1996.
(4) Section 25 is deemed to have come into operation
on the day on which the National Parks (Alpine
National Park) Act 1989 received the Royal
20
Assent.
(5) Subject to sub-section (6), the remaining
provisions of this Act come into operation on a
day or days to be proclaimed.
(6) If a provision referred to in sub-section (5) does
25
not come into operation before 31 January 1998, it
comes into operation on that day.
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National Parks (Amendment) Act 1996
s. 3 Act No.
3. Principal Act
No. 8702. In this Act the National Parks Act 1975 is called
Reprinted to
the Principal Act.
No. 92/1995.
__________________
5
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National Parks (Amendment) Act 1996
s. 4
Act No.
PART 2MISCELLANEOUS AMENDMENTS TO THE
PRINCIPAL ACT
4. Extraction of forest produce
In section 25B(1) of the Principal Act--
(a) for "3, 10," substitute "3,"; and
5
(b) omit "2 or"; and
(c) after "part 37 of Schedule Two," insert "or
the harvesting of a pine plantation is
authorised by part 7 of Schedule Two or the
taking of firewood is authorised by part 30 of
10
Schedule Two,".
5. Repeal of spent sections
Sections 27A, 27B and 27C of the Principal Act
are repealed.
6. Cessation of grazing--Wilson's Promontory National
15
Park
Sub-sections (2), (3) and (4) of section 29 of the
Principal Act are repealed.
7. Insertion of new section 32CA
After section 32C of the Principal Act insert
20
"32CA. Arthurs Seat chairlift lease
(1) The addition of land to part 2 of Schedule
Two B by section 17(2) of the National
Parks (Amendment) Act 1996 does not
affect--
25
(a) the continuity of the lease between the
State of Victoria and Alena Marie
Hajek over Allotments 8, 9, 10 and 11
of Section D in the Township of
Dromana, Parish of Kangerong, County
30
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of Mornington dated 1 February 1979;
or
(b) any dealing in that land under that lease
before the commencement of that
section.
5
(2) The lease referred to in sub-section (1)
continues in force for the period of the lease
despite anything to the contrary in this Act
or any other Act.
(3) Upon the expiration of the lease referred to
10
in sub-section (1), the Minister is
empowered to grant a tenancy of the land
described in part 2 of Schedule Two B which
is being or has, at any time, been used for the
purposes of a chairlift or land which is in the
15
vicinity of such land.
(4) A tenancy under sub-section (3)
(a) must be granted in writing; and
(b) must be for a term of not more than 20
years; and
20
(c) is subject to the rent and any other
charges and terms and conditions
determined by the Minister.".
8. Fossicking in Cape Liptrap Coastal Park
In section 32D(1)(a) of the Principal Act, for
25
"Parts 1 and 13" substitute "parts 1, 13 and 15".
9. Insertion of new section 32FAA
After section 32F of the Principal Act insert--
'32FAA. Protection of access rights of freeholders in
Cathedral Range State Park
30
(1) The Minister may grant to a person who
holds a fee simple in land abutting or
surrounded by the park any rights of access
5
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over the park to that land, which are, in the
Minister's opinion, reasonable.
(2) A right of access under sub-section (1) is
subject to any terms and conditions
determined by the Minister.
5
(3) For the purpose of allowing a person to
exercise a right under sub-section (1), the
Minister may exempt that person from any
regulation affecting the park.
(4) In this section "park" means the land
10
referred to in part 8 of Schedule Two B.'.
10. Insertion of new section 35A
After section 35 of the Principal Act insert--
"35A. Power of Director to delegate
The Director may, in writing, delegate to--
15
(a) any officer or employee under the
Public Sector Management Act 1992;
or
(b) any authorised officer appointed under
this Act--
20
all or any of the Director's powers under
section 9(2), 20(1)(b), 20(2), 21(1)(a), (b), or
(c), 21(3) or 32D(2)(a).".
11. Use of firearms in parks--hunting
(1) In section 37 (2) of the Principal Act--
25
(a) after "or parts" (where secondly occurring)
insert "2A,"; and
(b) after "of Schedule Three" insert "or parts 4
and 5 of Schedule Four".
(2) In section 37 (3) of the Principal Act--
30
(a) for "part 8" substitute "parts 7 and 8"; and
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(b) for "part 10 of Schedule Two B" substitute
"parts 4 and 5 of Schedule Four".
(3) In section 37(6) of the Principal Act--
(a) for "part 8" substitute "parts 7 and 8"; and
(b) for "parts 3" substitute "parts 2A, 3"; and
5
(c) after "Schedule Three" insert "and parts 4
and 5 of Schedule Four".
12. Evidence
(1) In section 47 of the Principal Act, before "In
proceedings" insert "(1)".
10
(2) At the end of section 47 insert--
"(2) In proceedings for an offence against this
Act or the regulations, a statement in writing
purporting to be signed by the Director to the
effect that--
15
(a) an area has or has not been set aside by
the Director under this Act or the
regulations; or
(b) a determination has or has not been
made by the Director under this Act or
20
the regulations--
is evidence, and, in the absence of evidence
to the contrary, is proof of the facts stated in
it.".
13. Regulations
25
(1) In section 48(2) of the Principal Act, for
paragraph (c) substitute--
"(c) may confer a discretionary authority or
impose a duty on a specified person or body
or a specified class of persons or bodies;
30
and".
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Act No.
(2) In section 48(3) of the Principal Act, for "the
Minister or Director" substitute "any specified
person or body or specified class of persons or
bodies".
5 _______________
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National Parks (Amendment) Act 1996
s. 14 Act No.
PART 3NEW AND ALTERED PARKS
14. Insertion of new Parts in Schedule Two--National
Parks
(1) In Schedule Two to the Principal Act, for Part 7
substitute
5
"PART 7LAKE EILDON NATIONAL PARK
All those pieces and parcels of land
containing 27 750 hectares, more or less,
situate in the Parishes of Banyarmbite,
Darlingford, Eildon, Howqua West,
10
Jamieson, Lodge Park, Thornton and
Wappan, Counties of Anglesey and
Wonnangatta, being the land delineated and
coloured pink excepting therefrom the roads
shown as excluded in the plans lodged in the
15
Central Plan Office of the Office of Surveyor
General and numbered N.P. 5/2 and N.P. 5A.
Despite the declaration of the land as a park,
and subject to section 25B, timber harvesting
of the pine plantation on allotment 7, Parish
20
of Howqua West may be carried out.".
(2) In Schedule Two to the Principal Act, after Part
14 insert
"PART 15FRENCH ISLAND NATIONAL
PARK
25
All those pieces or parcels of land containing
10 925 hectares, more or less, situate in the
Parish of French Island, County of
Mornington, being the land delineated and
coloured pink or yellow excepting therefrom
30
the roads shown as excluded also excepting
therefrom land cross-hatched in the plan
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15
Act No.
lodged in the Central Plan Office of the
Office of Surveyor General and numbered
N.P. 83/1 and also including the land 150
metres seaward from the mean high water
mark of the land coloured pink on the plan.".
5
(3) In Part 15 of Schedule Two to the Principal Act--
(a) for "10 925" substitute "11 100"; and
(b) omit "also excepting therefrom land cross-
hatched".
(4) In Schedule Two to the Principal Act, after Part
10
29 insert--
"PART 30--BOX-IRONBARK NATIONAL
PARK
All those pieces and parcels of land
containing 4320 hectares, more or less,
15
situate in the Parishes of Barnawatha South,
Chiltern, Chiltern West and Wooragee
North, County of Bogong, being land
delineated and bordered red or green
excepting therefrom the roads shown as
20
excluded also excepting therefrom the land
bordered blue in the plan lodged in the
Central Plan Office of the Office of Surveyor
General and numbered N.P. 42/3.
Despite the declaration of this land as a park,
25
the following activities may be carried out
subject to section 25B and the following
conditions:
Not more than 100 cubic metres of firewood
may be taken during the period of 12 months
30
after the day on which the area becomes a
national park.".
15. Insertion of new Parts in Schedule Three--Other
Parks
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Act No.
(1) In Schedule Three to the Principal Act, after Part
1 insert
"PART 1ABAY OF ISLANDS COASTAL
PARK
All those pieces and parcels of land
5
containing 950 hectares, more or less, situate
in the Parishes of Mepunga, Nirranda and
Narrawaturk, County of Heytesbury, being
the land delineated and bordered red
excepting therefrom the roads shown as
10
excluded in the plan lodged in the Central
Plan Office of the Office of Surveyor
General and numbered N.P. 101.".
(2) In Schedule Three to the Principal Act, after Part
2 insert
15
"PART 2ACAPE CONRAN COASTAL PARK
All those pieces and parcels of land
containing 11 700 hectares, more or less,
situate in the Parishes of Bemm, Jilwain,
Tabbara and Yarak, County of
20
Croajingolong, being the land delineated and
bordered red or coloured yellow excepting
therefrom the roads shown as excluded in the
plan lodged in the Central Plan Office of the
Office of Surveyor General and numbered
25
N.P. 103.".
(3) In Schedule Three to the Principal Act, after Part
14 insert
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s. 16
Act No.
"PART 15CAPE LIPTRAP COASTAL PARK
All those pieces and parcels of land
containing 4175 hectares, more or less,
situate in the Parishes of Tarwin, Tarwin
South, Waratah and Waratah North, County
5
of Buln Buln, being the land delineated and
coloured pink or green excepting therefrom
the roads shown as excluded in the plan
lodged in the Central Plan Office of the
Office of Surveyor General and numbered
10
N.P. 104.".
16. Altered Parts in Schedule Two--National Parks
(1) In Part 6 of Schedule Two to the Principal Act
(a) for "1920 hectares" substitute "3215
hectares"; and
15
(b) for "County of Mornington" substitute
"Counties of Evelyn and Mornington"; and
(c) for "bordered red or bordered green and
excepting therefrom the land delineated and
bordered blue" substitute "bordered black
20
and, within that border, coloured grey or
shown hatched"; and
(d) for "in a plan" substitute "in plans lodged";
and
(e) for "Department of Property and Services"
25
substitute "Office of Surveyor General"; and
(f) for "N.P. 86/1" substitute "N.P. 86/2 and
N.P. 86A".
(2) In Part 13 of Schedule Two to the Principal Act
(a) for "1320 square kilometres" substitute "132
30
647 hectares"; and
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(b) after "bordered red" insert "or coloured
yellow"; and
(c) for "Department of Property and Services"
substitute "Office of Surveyor General"; and
(d) for "N.P. 9/2" substitute "N.P. 9/3".
5
(3) In Part 20 of Schedule Two to the Principal Act
(a) for "85 hectares" substitute "121 hectares";
and
(b) for "coloured red" substitute "coloured
pink"; and
10
(c) omit "prepared by the Surveyor-General";
and
(d) for "Department of Crown Lands and
Survey" substitute "Office of Surveyor
General"; and
15
(e) for "N.P. 15/1" substitute "N.P. 15/2".
(4) In Part 21 of Schedule Two to the Principal Act
(a) for "Department of Crown Lands and
Survey" substitute "Office of Surveyor
General"; and
20
(b) after "N.P. 16/1." insert "Also excepted
from the Port Campbell National Park is that
area shown hatched on a plan lodged in the
Central Plan Office of the Office of Surveyor
General and numbered N.P. 16A.".
25
(5) In Part 25 of Schedule Two to the Principal Act--
(a) for "3568 square kilometres" substitute
"357 017 hectares"; and
(b) for "a plan" substitute "plans"; and
(c) omit "prepared by the Surveyor-General";
30
and
13
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(d) for "Department of Crown Lands and
Survey" substitute "Office of Surveyor
General"; and
(e) after "N.P. 19/3" insert "and N.P. 19A".
(6) In Part 27 of Schedule Two to the Principal Act
5
(a) for "133 square kilometres" substitute "13
530 hectares"; and
(b) for "stippled grey" substitute "bordered red
or green"; and
(c) omit "prepared by the Surveyor-General";
10
and
(d) for "Department of Crown Lands and
Survey" substitute "Office of Surveyor
General"; and
(e) for "N.P. 29" substitute "N.P. 29/1".
15
(7) In Part 28 of Schedule Two to the Principal Act--
(a) for "Department of Property and Services"
substitute "Office of Surveyor General"; and
(b) after "N P 30/3" insert ", also including the
Skerries and Tullaberga Island to low water
20
mark".
(8) In Part 34 of Schedule Two to the Principal Act
(a) for "or bordered green" substitute "or
coloured yellow"; and
(b) for "Department of Property and Services"
25
substitute "Office of Surveyor General"; and
(c) after "N.P. 61/2." insert "Also excepted
from the Grampians National Park is that
area shown hatched on the plan lodged in the
Central Plan Office of the Office of Surveyor
30
General and numbered N.P. 61B."; and
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s. 17 Act No.
(d) omit "Notwithstanding the declaration of
this land as a park, the following activities
may be carried out subject to section 25B of
the Act and the following conditions: During
the period ending 30 June 1994 as regards
5
areas indicated by diagonal hatching and
during the period ending 30 June 1987 as
regards areas indicated by cross hatching on
Map No. NP 61A lodged in the Central Plan
Office of the Department of Property and
10
Services, timber harvesting may be carried
out in accordance with the principles and
subject to the requirements provided for in
the Final Recommendations of the Land
Conservation Council for the South-Western
15
Area, District 2.".
17. Altered Parts in Schedule Two B--State Parks
(1) In Part 1 of Schedule Two B to the Principal
Act--
(a) for "21 340 hectares" substitute "21 359
20
hectares"; and
(b) for "bordered red" substitute "coloured
pink"; and
(c) omit "also excepting therefrom land
bordered blue"; and
25
(d) for "Department of Property and Services"
substitute "Office of Surveyor General"; and
(e) for "N.P. 79/1" substitute "N.P. 79/2".
(2) In Part 2 of Schedule Two B to the Principal
Act
30
(a) for "350 hectares" substitute "572 hectares";
and
15
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s. 17
Act No.
(b) for "bordered red" substitute "bordered
black and, within that border, coloured pink
or yellow"; and
(c) for "Department of Property and Services"
substitute "Office of Surveyor General"; and
5
(d) for "N.P. 36/4" substitute "N.P. 36/5".
(3) In Part 5 of Schedule Two B to the Principal
Act
(a) for "139 square kilometres" substitute "16
560 hectares"; and
10
(b) after "Buln Buln" insert ", Evelyn"; and
(c) omit "or coloured yellow"; and
(d) for "Department of Property and Services"
substitute "Office of Surveyor General"; and
(e) for "N.P. 87" substitute "N.P. 87/1"; and
15
(f) omit "Despite the declaration of this land as
a park the following activities may be carried
on subject to section 25B and the following
conditions: Extraction of forest products
from the mixed-species forests (excluding
20
the existing wildflower reserves) in the park
at the 1977 level of production until 1990.".
(4) In Part 8 of Schedule Two B to the Principal
Act
(a) for "3577 hectares" substitute "3616
25
hectares"; and
(b) for "Department of Property and Services"
substitute "Office of Surveyor General"; and
(c) for "N.P. 41/1" substitute "N.P. 41/2".
30
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(5) In Schedule Two B to the Principal Act
(a) Part 10 is repealed; and
(b) Part 11 is repealed.
(6) In Part 12 of Schedule Two B to the Principal
Act--
5
(a) for "10 616 hectares" substitute "10 641
hectares"; and
(b) for "bordered red" substitute "coloured
pink"; and
(c) omit "also excepting therefrom land
10
bordered blue"; and
(d) for "Department of Property and Services"
substitute "Office of Surveyor General"; and
(e) for "N.P. 33/2" substitute "N.P. 33/3".
(7) In Part 13 of Schedule Two B to the Principal
15
Act
(a) for "6900 hectares" substitute "7069
hectares"; and
(b) for "bordered red" substitute "coloured
pink"; and
20
(c) for "Department of Property and Services"
substitute "Office of Surveyor General"; and
(d) for "N.P. 72/1" substitute "N.P. 72/2".
(8) In Part 14 of Schedule Two B to the Principal
Act
25
(a) for "3840 hectares" substitute "3868
hectares"; and
(b) omit "or bordered green or coloured
yellow"; and
17
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18
Act No.
(c) omit "also excepting therefrom land
bordered blue"; and
(d) for "Department of Property and Services"
substitute "Office of Surveyor General"; and
(e) for "N.P. 63" substitute "N.P. 63/1".
5
(9) In Part 31 of Schedule Two B to the Principal
Act--
(a) for "586 hectares" substitute "676 hectares";
and
(b) for "Department of Property and Services"
10
substitute "Office of Surveyor General"; and
(c) for "N.P. 21/4" substitute "N.P. 21/5".
(10) In Part 33 of Schedule Two B to the Principal
Act
(a) for "2300 hectares" substitute "2303
15
hectares"; and
(b) for "Parish of Whirrakee" substitute
"Parishes of Huntly, Neilborough and
Nerring"; and
(c) for "bordered red or bordered green or
20
coloured" substitute "coloured pink or"; and
(d) for "Department of Property and Services"
substitute "Office of Surveyor General"; and
(e) for "N.P. 73" substitute "N.P. 73/1".
(11) In Part 36 of Schedule Two B to the Principal
25
Act
(a) omit "or bordered green"; and
(b) for "Department of Finance" substitute
"Office of Surveyor General"; and
(c) for "N.P. 98" substitute "N.P. 98/1".
30
18. Altered Parts in Schedule Three--Other Parks
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Act No.
(1) In Schedule Three to the Principal Act, Part 2 is
repealed.
(2) In Part 3 of Schedule Three to the Principal Act
(a) for "DISCOVERY BAY PARK" substitute
"DISCOVERY BAY COASTAL PARK";
5
and
(b) for "8590 hectares" substitute "10 460
hectares"; and
(c) for "Tarragal and Warrain" substitute
"Portland, Tarragal, Trewalla and Warrain";
10
and
(d) for "bordered red" substitute "coloured pink
or yellow"; and
(e) omit "also excepting therefrom land
bordered blue"; and
15
(f) for "in plan" substitute "in plans"; and
(g) for "Department of Property and Services"
substitute "Office of Surveyor General" and
(h) for "N.P. 44/2" substitute "N.P. 44/3 and
N.P. 44A".
20
(3) In Schedule Three to the Principal Act, Part 5 is
repealed.
(4) In Part 6 of Schedule Three to the Principal Act
(a) for "GIPPSLAND LAKES PARK"
substitute "GIPPSLAND LAKES
25
COASTAL PARK"; and
(b) for "172 square kilometres" substitute "17
584 hectares"; and
(c) for "bordered red or coloured" substitute
"coloured pink or"; and
30
(d) omit "also excepting therefrom land
bordered blue"; and
19
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(e) for "Department of Property and Services"
substitute "Office of Surveyor General"; and
(f) for "N.P. 46A/3, N.P. 46B/2 and N.P. 46C/3"
substitute "N.P. 46A/4, N.P. 46B/3 and N.P.
46C/4".
5
(5) In Part 10 of Schedule Three to the Principal
Act
(a) for "1276 hectares" substitute "1397
hectares"; and
(b) omit "or coloured yellow"; and
10
(c) for "Department of Property and Services"
substitute "Office of Surveyor General"; and
(d) for "N.P. 60/3" substitute "N.P. 60/4".
19. Cessation of rights
(1) On the day on which a part of a Schedule to the
15
Principal Act, referred to in a following
paragraph, is inserted in the Principal Act by, or
amended by, the section referred to in that
paragraph, the lands delineated and coloured
yellow in the plan referred to in that part cease to
20
be roads or parts of roads and all rights,
easements, and privileges existing or claimed,
either by the public or any other body and
incidental to any express or implied grant, or past
dedication or supposed dedication or by any past
25
user or fiction of law cease and determine
(a) Part 15 of Schedule Two to the Principal Act
as inserted by section 14 of this Act;
(b) Part 2A of Schedule Three to the Principal
Act, as inserted by section 15 of this Act;
30
(c) Parts 13 and 34 of Schedule Two to the
Principal Act as amended by section 16 of
this Act;
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National Parks (Amendment) Act 1996
s. 20 Act No.
(d) Parts 1, 2 and 33 of Schedule Two B to the
Principal Act as amended by section 17 of
this Act;
(e) Parts 3 and 6 of Schedule Three to the
Principal Act as amended by section 18 of
5
this Act.
(2) On the day on which a part of a Schedule to the
Principal Act, referred to in a following
paragraph, is inserted in the Principal Act by, or
amended by, the section referred to in that
10
paragraph, the lands delineated by a green border,
or coloured green or hatched (as the case requires)
on the plan referred to in that part cease to be
reserved forest
(a) Part 15 of Schedule Three to the Principal
15
Act, as inserted by section 15 of this Act;
(b) Parts 6 and 27 of Schedule Two to the
Principal Act as amended by section 16 of
this Act;
(c) Part 5 of Schedule Two B to the Principal
20
Act as amended by section 17 of this Act.
20. Cessation of rights--Lerderderg State Park
The land described as Crown Allotment 64A,
Parish of Coimadai, County of Bourke ceases to
be reserved forest.
25
21. Insertion of new section to follow section 30E
After section 30E of the Principal Act insert
'30F. Access rights--French Island National
Park
(1) The Minister may grant to a person who
30
holds a fee-simple interest in land on French
Island any rights of access over the park to
that land which are, in the Minister's opinion,
reasonable.
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National Parks (Amendment) Act 1996
s. 22
Act No.
(2) A right of access under sub-section (1) is
subject to any terms and conditions
determined by the Minister.
(3) For the purpose of allowing a person to
exercise a right of access under sub-section
5
(1), the Minister may exempt that person
from any regulation affecting the park.
(4) In this section "park" means the land
referred to in Part 15 of Schedule Two.'.
22. Access rights--French Island
10
In section 31 of the Principal Act, sub-section (2)
is repealed.
23. Land to become part of park on surrender to the
Crown
(1) If the land shown hatched on the plan inserted by
15
section 14(2) is not surrendered to the Crown
before the commencement of that section, that
land is deemed to be excluded from the park
described in Part 15 of Schedule Two to the
Principal Act until the title to that land is
20
surrendered to the Crown.
(2) If the land shown cross-hatched on the plan
numbered N.P. 86/2 substituted by section 16(1)
is not surrendered to the Crown before the
commencement of that section, that land is
25
deemed to be excluded from the park described in
Part 6 of Schedule Two to the Principal Act until
the title to that land is surrendered to the Crown.
(3) If the land shown hatched on the plan substituted
by section 17(2) is not surrendered to the Crown
30
before the commencement of that section, that
land is deemed to be excluded from the park
described in Part 2 of Schedule Two B to the
Principal Act until the title to that land is
surrendered to the Crown.
35
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s. 23 Act No.
(4) If the land shown hatched on the plan substituted
by section 17(9) is not surrendered to the Crown
before the commencement of that section, that
land is deemed to be excluded from the park
described in Part 31 of Schedule Two B to the
5
Principal Act until the title to that land is
surrendered to the Crown.
(5) If the land shown hatched on the plan numbered
N.P. 44/3 substituted by section 18(2) is not
surrendered to the Crown before the
10
commencement of that section, that land is
deemed to be excluded from the park described in
Part 3 of Schedule Three to the Principal Act until
the title to that land is surrendered to the Crown.
__________________
15
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National Parks (Amendment) Act 1996
s. 24
Act No.
PART 4CREATION OF ADA TALL TREES
RESERVE
24. Ada Tall Trees Reserve
On the coming into operation of this section, the
land shown hatched on the plan in the Schedule
5
ceases to be reserved forest and--
(a) is surrendered to the Crown; and
(b) is deemed to be unalienated land of the
Crown, freed and discharged from all trusts,
limitations, reservations, restrictions,
10
encumbrances, estates and interests; and
(c) is deemed to be permanently reserved under
section 4(1) of the Crown Land (Reserves)
Act 1978 for public purposes, being, in
particular the purposes set out in paragraphs
15
(l), (m), (n) and (o) of section 4 of that Act.
_______________
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National Parks (Amendment) Act 1996
s. 25 Act No.
PART 5--AMENDMENT OF NATIONAL PARKS (ALPINE
NATIONAL PARK) ACT
25. Amendment of National Parks (Alpine National Park)
Act 1989
(1) In section 11(4) of the National Parks (Alpine
5
National Park) Act 1989 for paragraph (b)
substitute--
'(b) omit "also excepting therefrom the land
shown by open triangle pattern".'.
(2) In section 11(5) of the National Parks (Alpine
10
National Park) Act 1989, for paragraph (b)
substitute--
'(b) omit "or herringbone pattern".'.
__________________
15
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National Parks (Amendment) Act 1996
Sch.
Act No.
SCHEDULE
ADA TALL TREES RESERVE s.25
5
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National Parks (Amendment) Act 1996
Notes Act No.
NOTES
By Authority. Government Printer for the State of Victoria.
27
531108B.I1-20/11/96 BILL LA INTRODUCTION 20/11/96
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